Document Details

Document Type : Thesis 
Document Title :
The common funds division (A comparative study)
قسمة الأموال المشتركة (دراسة مقارنة)
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : This study revolves around the provisions of the common properties in the Islamic Fiqh، Saudi law and the Jordanian law. The study aims at defining it، the wisdom behind legitimizing it، its kinds and its procedures and what effects it will leave. The problem of common funds is a phenomenon in practical reality and in courts in terms of administrating it and the acts that are going on it and the conflict occurs between the inheritors or partners regarding that and what may be rights to others. All of this makes us review and look for suitable solutions for these procedural and subjective complications، and I came up to the point of decreasing the effects of many acts by partners to the certain common property by dividing the benefit which is considered to be a temporary division that aims at organizing common funds and using it perfectly. And for ending the common ownership completely، this happens in two ways: the first one is the agreed upon division، which means satisfaction between partners and it succumbs to the provisions of the general contracts according to what agrees with the nature of these contracts، or the second way: is the judicial division which the abstainer is forced to، and it is executed by the judge on one condition، which is that it doesn’t include recompense or a damage on one of the partners. The organizer of the responsible agency is granted the authority to use help from the liquidator since he is an expert in the works of liquidation and an agent in behalf of the partners so that he does all of the works of the liquidation of the common funds، also the judicial representation and defense these funds to protect the partners’ rights and achieve what’s good for them and preparing that for the division between them under the court’s administration. I suggest to facilitate the procedures and quickly executing it to achieve the benefit to all sides and uniting the judicial specialist side in the common funds division cases regardless of the reasons of the ownership and the background o 
Supervisor : Dr: Faisal Satouf Al-Assaf 
Thesis Type : Master Thesis 
Publishing Year : 1444 AH
2022 AD 
Added Date : Monday, February 27, 2023 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
: عبدالله خالد المنتشريAlmontasheri, Abdullah KhalidResearcherMaster 

Files

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 49048.pdf pdf 

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